Rayshard Brooks
ATLANTA - The City of Atlanta has unanimously agreed to settle with the estate of Rashard Brooks for $1 million.
The matter was discussed on Monday during an executive session of the Atlanta City Council, which is not open to the public. Sources tell FOX 5 that the city attorney told council members it would cost more to defend the pending litigation than to settle with Brook’s widow, Tamika Miller.
Brooks, a 27-year-old Black man, was shot and killed by Garrett Rolfe the night of June 12, 2020, outside a Wendy's restaurant. Police responded to complaints of a man sleeping in a car drive-thru lane. Police body camera video shows Rolfe and Devin Brosnan, having a calm conversation with Brooks for nearly 40 minutes. When the officers told Brooks he’d had too much to drink to be driving and tried to arrest him, Brooks resisted in a struggle caught on dash camera video. Brooks grabbed a Taser from one of the officers and fled, firing it at Rolfe as he ran. Rolfe fired his gun, and an autopsy found that Brooks was shot twice in the back.
Garrett Rolfe (left) and Devin Brosnan (right) are charged in the shooting death of Rayshard Brooks (Fulton County Sheriff's Office).
Two Atlanta police officers were initially fired immediately following the deadly shooting and the Fulton County District Attorney’s Office would quickly file charges against the two men. Authorities charged Officer Devin Brosnan with aggravated assault and violation of oath of office. A judge would later rule the city did not give the pair proper due process in their termination and ordered each to be reinstated with back pay.
This past summer, a special prosecutor appointed by Georgia Attorney General Chris Carr announced he would be dismissing the case against two Atlanta police officers concluding "the use of deadly force was objectively reasonable."
The officers have since announced lawsuits, seeking monetary damages from the city, the former mayor and police chief. The suit claims the city violated officers’ constitutional rights. That has yet to be adjudicated.
Following the dismissal of those charges, Miller’s attorney, L. Chris Stewart called the decision "confusing" and vowed they will be pursuing other legal avenues.
Rolfe and Brosnan, as of this summer, were still employed with the Atlanta Police Department on administrative duty. Their current status was not immediately known.
There is no word on when a formal announcement of a settlement would be made.
Rayshard Brooks' family attorneys L. Chris Stewart, Justin Miller, Dianna Lee, Brian Spears, Jeff Filipotis and Wingo Smith released the following statement on the settlement:
"The family of Rayshard Brooks is pleased to have reached a settlement with the city of Atlanta that resolves their civil case. This grieving family has been through so much during this process. Although the children of Mr. Brooks have lost their father, settling the case will undoubtedly assist them with future plans as they come of age.
While we are disappointed that prosecutors didn't pursue a criminal case against the officers involved in Mr. Brooks' death, we continue to hold out hope that the Dept. of Justice will intervene in this matter.
We look forward to the city of Atlanta continuing to work hard to build a bridge between law enforcement and members of our community."